Download or read book La epistemolog a del procedimiento penal acusatorio y oral written by Mariela Ponce Villa and published by Instituto de Estudios Constitucionales del Estado de Querétaro. This book was released on 2019-07-01 with total page 121 pages. Available in PDF, EPUB and Kindle. Book excerpt: Este libro tiene por objeto de investigación el procedimiento penal acusatorio y oral, desde una perspectiva normativa, analítica y empírica. Normativa, porque parte de las normas fundamentales —derechos, principios, garantías— constitucionales, convencionales y procesales, así como de la interpretación jurisprudencial. Analítica, porque se refiere a la estructura procedimental para culminar con un juicio —sentencia—. Empírica, porque si bien parte de lo teórico y normativo, se complementa con lo que en realidad sucede en la tramitación de un procedimiento penal, tanto de tipo mixto como acusatorio, imprimiendo en todo ello la experiencia obtenida en la larga trayectoria profesional de la autora. Su base es documental, pues abarca la doctrina desarrollada por prominentes autores —Gadamer, Popper, Damaska, Ferrajoli, Taruffo, Foucault, entre otros—, legislación, jurisprudencia y casos reales, para concluir con propuestas relacionadas con el carácter epistémico del proceso penal acusatorio. El capítulo inicial parte de la evolución de los sistemas procesales, para mostrar que el primero en aparecer en la historia es el procedimiento acusatorio y no el inquisitorial. En el capítulo segundo se hace una breve referencia al garantismo, precisando qué debe entenderse por tal, así como la ideología y las razones políticas de su nacimiento. El capítulo tercero aborda los fines del proceso, tomando en cuenta que es importante distinguir las finalidades, porque de eso depende la forma de proceder para alcanzar las metas. Finalmente, los capítulos cuarto y quinto son torales, ya que tienen por objeto demostrar que el procedimiento acusatorio y oral tiene un carácter epistemológico, tanto el proceso como la decisión. Sin lugar a dudas, este libro llena un vacío en la literatura especializada sobre la materia, ya que nos ofrece las bases filosóficas y epistémicas del procedimiento penal, acusatorio y oral.
Download or read book Historia Regum Britanniae written by Geoffrey Of Monmouth and published by . This book was released on 2019-07-05 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: The full, ancient text: Historia Regum Britanniae.Historia regum Britanniae (or The History of the Kings of Britain) is a supposedly historical account written by Geoffrey of Monmouth in 1136. Though much of the text is largely considered fiction, it does pull from several ancient texts and true historical events/personas.It is notable for being the first, major blockbuster-like success of the Arthurian legends, bringing the character to widespread popularity for the first time. Many of our modern myths (and ancient ones) have drawn from this text.
Download or read book Qualitative Inquiry and the Politics of Research written by Norman K Denzin and published by Left Coast Press. This book was released on 2015-05-31 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cover -- Half Title -- Title Page -- Copyright Page -- Table of Contents -- Dedication -- Acknowledgments -- Introduction: Qualitative Inquiry and the Politics of Research -- 1. An Unfinished Dialogue about Problematizing Knowledge Production in the Peer Review Process -- 2. Critical Qualitative Research in Global Neoliberalism: Foucault, Inquiry, and Transformative Possibilities -- 3. Practices for the 'New' in the New Empiricisms, the New Materialisms, and Post Qualitative Inquiry -- 4. The Work of Thought and the Politics of Research: (Post)qualitative Research -- 5. Qualitative Data Analysis 2.0: Developments, Trends, Challenges -- 6. Critical Autoethnography as Intersectional Praxis: A Performative Pedagogical Interplay on Bleeding Borders of Identity -- 7. Writing Myself into Winesburg, Ohio -- 8. The Three Rs-Remembering, Revisiting, Reworking: How We Think, but Not in Schools -- 9. Teaching Reflexivity in Qualitative Research: Fostering a Research Life Style -- 10. Coda: The Death of Data -- Index -- About the Authors
Download or read book Plea Bargaining s Triumph written by George Fisher and published by Stanford University Press. This book was released on 2003 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: Though originally an interloper in a system of justice mediated by courtroom battles, plea bargaining now dominates American criminal justice. This book traces the evolution of plea bargaining from its beginnings in the early nineteenth century to its present pervasive role. Through the first three quarters of the nineteenth century, judges showed far less enthusiasm for plea bargaining than did prosecutors. After all, plea bargaining did not assure judges “victory”; judges did not suffer under the workload that prosecutors faced; and judges had principled objections to dickering for justice and to sharing sentencing authority with prosecutors. The revolution in tort law, however, brought on a flood of complex civil cases, which persuaded judges of the wisdom of efficient settlement of criminal cases. Having secured the patronage of both prosecutors and judges, plea bargaining quickly grew to be the dominant institution of American criminal procedure. Indeed, it is difficult to name a single innovation in criminal procedure during the last 150 years that has been incompatible with plea bargaining’s progress and survived.
Download or read book Qualitative Research written by Sharon M. Ravitch and published by SAGE Publications. This book was released on 2015-08-28 with total page 601 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focused on developing the conceptual, theoretical, and methodological knowledge needed to engage in rigorous and valid research, this introductory text provides practical explanations, exercises, and advice for how to conduct qualitative research—from design through implementation, analysis, and writing up research. Qualitative Research presents the field in a unique and meaningful way, and helps readers understand what authors Sharon M. Ravitch and Nicole Mittenfelner Carl call “criticality” in qualitative research by communicating its foundations and processes with clarity and simplicity while still capturing complexity. Packed with real-life examples of questions, issues, and situations that stem from the authors’ and their students’ research, the book humanizes the qualitative research endeavor, illustrates the types of scenarios that arise, and emphasizes the importance of actively considering paradigmatic values throughout every stage of the research process. In every chapter, the authors illustrate the qualitative research process as decidedly ideological, political, and subjective using themes of criticality, reflexivity, collaboration, and rigor.
Download or read book Legal Culture And The Legal Profession written by Lawrence M Friedman and published by Routledge. This book was released on 2021-10-28 with total page 173 pages. Available in PDF, EPUB and Kindle. Book excerpt: Distinguished scholars in law and the social sciences examine the state of American legal culture, particularly adversarial legalism, in light of the criticisms of the current anti-lawyer movement. They assess the strengths and weaknesses of this culture, its impact on the broader society, and its recent spread to other countries. The American legal system is under heavy attack for the impact it is supposed to have on American culture and society generally. A common complaint of the anti-lawyer movement is that under the influence of lawyers we have become a litigious society, in the process undermining traditional American values such as self-reliance and responsibility. In this volume a group of distinguished scholars in law and the social sciences explores these questions. Neither an apology for lawyers nor a critique, Legal Culture and the Legal Profession examines the successes and the problems of the U. S. legal system, its impact on the broader culture, and the spread of American legal culture abroad.
Download or read book International Criminal Evidence written by Richard May and published by BRILL. This book was released on 2021-10-25 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides practitioners, scholars and students with an in-depth analysis of the law of evidence before international criminal tribunals. It treats subjects such as admissibility; hearsay; identification evidence; forensic and documentary evidence. It also discusses procedural issues arising from fair trial rights, state cooperation, witness protection, and the compulsive powers of the court. The main focus of this work is the practice of the United Nations ad hoc International Criminal Tribunals for the former Yugoslavia and Rwanda. However, it traces the developments of the law of evidence back to the trials conducted by the Allied powers after the Second World War. The authors also discuss the future of the law in this field, with comments on the projected implementation of the Statute and the Rules of Procedure of the permanent International Criminal Court. They conclude with some general remarks on trends in international criminal evidence that will be helpful to international tribunals, "mixed" tribunals (such as those proposed for Sierra Leone and Cambodia), and national courts alike. Published under the Transnational Publishers imprint.
Download or read book Courts Law and Politics in Comparative Perspective written by Herbert Jacob and published by Yale University Press. This book was released on 1996-01-01 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive book compares the intersection of political forces and legal practices in five industrial nations--the United States, England, France, Germany, and Japan. The authors, eminent political scientists and legal scholars, investigate how constitutional courts function in each country, how the adjudication of criminal justice and the processing of civil disputes connect legal systems to politics, and how both ordinary citizens and large corporations use the courts. For each of the five countries, the authors discuss the structure of courts and access to them, the manner in which politics and law are differentiated or amalgamated, whether judicial posts are political prizes or bureaucratic positions, the ways in which courts are perceived as legitimate forms for addressing political conflicts, the degree of legal consciousness among citizens, the kinds of work lawyers do, and the manner in which law and courts are used as social control mechanisms. The authors find that although the extent to which courts participate in policymaking varies dramatically from country to country, judicial responsiveness to perceived public problems is not a uniquely American phenomenon.
Download or read book Critical Qualitative Inquiry written by Gaile S Cannella and published by Routledge. This book was released on 2016-07-01 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: Critical approaches to qualitative research have made a significant impact on research practice over the past decade. This comprehensive volume of contemporary, original articles places this trend in its historical context, describes the current landscape of critical work, and considers the future of this turn. The book-includes contributions from some of the leading qualitative researchers on three continents;-consists of big-picture articles that describe the dimensions of this research tradition;-situates critical qualitative inquiry in the overall development and landscape of qualitative research.
Download or read book Prosecuting Crime in the Renaissance written by John H. Langbein and published by The Lawbook Exchange, Ltd.. This book was released on 2005 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Our present system of criminal prosecution originated in England in the sixteenth century. Langbein traces its development, which was at its most intense during the reign of Queen Mary. He shows how the common law developed a system of official investigation and prosecution that incorporated the medieval institution of the jury trial. He places equal emphasis on the role of the justices of the peace as public prosecutors. The second half of the book compares the English system with those of the Holy Roman Empire (Germany) and France. He concludes by refuting the popular opinion that the English were strongly indebted to continental models. "This is an excellent work of scholarship, exhibiting wide research, erudition and analytical ability." --Joseph H. Smith, Harvard Law Review 88 (1974-1975) 485 JOHN LANGBEIN is Sterling Professor of Law and Legal History at Yale Law School. He has held academic positions at Stanford University, Oxford University, the Max-Planck-Institut für Europäische Rechtsgeschichte and the Max-Planck-Institut für Ausländisches und Internationales Strafrecht. Langbein is a member of the American Academy of Arts and Sciences, the International Academy of Comparative Law, the International Association of Procedure Law, and other organizations in the fields of legal history and comparative law. Some of his most distinguished publications and articles include History of the Common Law: The Development of Anglo-American Legal Institutions (2009), Torture and the Law of Proof: Europe and England in the Ancient Regime (1977), and "The Supreme Court Flunks Trusts," Supreme Court Review (1991).
Download or read book Encyclopedia of Crime and Justice Abortion to Cruel unusual punishment written by Joshua Dressler and published by . This book was released on 2002 with total page 552 pages. Available in PDF, EPUB and Kindle. Book excerpt: The encyclopedia of crime & justice not only discusses many different kinds of crime--from perjury to terrorism--but also looks at law enforcement, legal procedures and penalties and the social causes and wide-ranging impact of crimes on society. The articles reflect issues dominating the news and entertainment media--topics that are frequently discussed or assigned in both high school and college curricula. What is perjury? How do copyright laws pertain to the Internet? Can a juvenile be tried as an adult for murder? In 250 A-Z entries, these interdisciplinary articles deal with the sociology, psychology, history and economics of crime.
Download or read book Pedagogical Encounters written by Bronwyn Davies and published by Peter Lang. This book was released on 2009 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: Pedagogical Encounters demonstrates how learning spaces that are ethical, responsive, and transformable can enable students and teachers to open toward new ways of being in the world. Through collective biography, ethnography, and arts-based research, the authors - educators with experience in diverse settings - generate rich descriptions of classroom practices, and elaborate and clarify new theoretical concepts through their discussion in relation to specific sites of teaching and learning.
Download or read book World Plea Bargaining written by Stephen Thaman and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The full-blown trial with its guarantees of presumption of innocence, due process, and constitutional evidence is no longer affordable. With the rise in crime and the more cost-, and labor-intensive procedures required by modern notions of due process, legislatures and courts around the world are gradually giving priority to the principle of procedural economy and introducing forms of consensual and abbreviated criminal procedure to deal with overloaded dockets. This book, which combines chapters from distinct countries which were originally written for the XVII Congress of the International Academy of Comparative Law in Utrecht, The Netherlands, in July 2006, also includes theoretical contributions by Mirjan Damaska on the role of plea bargaining in the international criminal tribunals and Maximo Langer on the "Americanization" of world criminal procedure and the "translation" of American plea bargaining into the legal language of inquisitorial legal systems. The book concludes with the editor's comprehensive analysis of the typologies of plea bargaining and their historical and doctrinal roots.
Download or read book Credit Nation written by Claire Priest and published by Princeton University Press. This book was released on 2022-12-20 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: How American colonists laid the foundations of American capitalism with an economy built on credit Even before the United States became a country, laws prioritizing access to credit set colonial America apart from the rest of the world. Credit Nation examines how the drive to expand credit shaped property laws and legal institutions in the colonial and founding eras of the republic. In this major new history of early America, Claire Priest describes how the British Parliament departed from the customary ways that English law protected land and inheritance, enacting laws for the colonies that privileged creditors by defining land and slaves as commodities available to satisfy debts. Colonial governments, in turn, created local legal institutions that enabled people to further leverage their assets to obtain credit. Priest shows how loans backed with slaves as property fueled slavery from the colonial era through the Civil War, and that increased access to credit was key to the explosive growth of capitalism in nineteenth-century America. Credit Nation presents a new vision of American economic history, one where credit markets and liquidity were prioritized from the outset, where property rights and slaves became commodities for creditors' claims, and where legal institutions played a critical role in the Stamp Act crisis and other political episodes of the founding period.
Download or read book Illusion of Order written by Bernard E. Harcourt and published by Harvard University Press. This book was released on 2005-02-15 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book to challenge the broken-windows theory of crime, which argues that permitting minor misdemeanors, such as loitering and vagrancy, to go unpunished only encourages more serious crime. The theory has revolutionized policing in the United States and abroad, with its emphasis on policies that crack down on disorderly conduct and aggressively enforce misdemeanor laws. The problem, argues Bernard Harcourt, is that although the broken-windows theory has been around for nearly thirty years, it has never been empirically verified. Indeed, existing data suggest that it is false. Conceptually, it rests on unexamined categories of law abiders and disorderly people and of order and disorder, which have no intrinsic reality, independent of the techniques of punishment that we implement in our society. How did the new order-maintenance approach to criminal justice--a theory without solid empirical support, a theory that is conceptually flawed and results in aggressive detentions of tens of thousands of our fellow citizens--come to be one of the leading criminal justice theories embraced by progressive reformers, policymakers, and academics throughout the world? This book explores the reasons why. It also presents a new, more thoughtful vision of criminal justice.
Download or read book Journal of the Society of Comparative Legislation written by Society of Comparative Legislation and published by . This book was released on 1908 with total page 598 pages. Available in PDF, EPUB and Kindle. Book excerpt: Includes an annual "Review of legislation".
